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Dorf on Law

Dorf on Law

By Cornell Law School Professor Michael Dorf and his friends.

http://www.dorfonlaw.org/
  • Aug 27

    Imagining the Unimaginable

    Imagining the Unimaginable
    by William HausdorffThis political season seems to consist of an unending series of unimaginable statements and behaviors—can you top THIS?--on the part of the Donald Trump campaign. The latest are Trump calling into question the…
  • Aug 26

    Show-Me State Supreme Court Shows Us Textualism Run Amok

    Show-Me State Supreme Court Shows Us Textualism Run Amok
    by Michael DorfEarlier this week, the Missouri Supreme Court held that most stealing offenses are not felonies under state law; they are only misdemeanors. Really? Yes, really. The case is an example of textualism run amok.Lest you think I'm…
  • Aug 25

    The Subtleties of Raging Paranoia

    The Subtleties of Raging Paranoia
    by Neil H. BuchananIt is hardly news that the Trump campaign traffics in conspiracy theories and paranoid fantasies.  Trump, however, is not actually more extreme in this regard than many people on the American right in the 21st…
Rank this Week: 863

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Aug 26

    Petition of the day

    Petition of the day
    The petition of the day is: Coventry Health Care of Missouri, Inc. v. Nevils 16-149 Issue: (1) Whether the Federal Employees Health Benefits Act (“FEHBA”) preempts state laws that prevent carriers from seeking…
  • Aug 26

    “Progress,” but no decisions, in former governor’s case

    “Progress,” but no decisions, in former governor’s case
    Earlier this year, the Court threw out former Virginia governor Bob McDonnell’s conviction on federal corruption charges and sent the case back to the U.S. Court of Appeals for the Fourth Circuit.  Both sides then asked the court…
  • Aug 26

    Friday round-up

    Friday round-up
    Yesterday the Obama administration asked the Supreme Court to leave in place a lower court ruling striking down North Carolina’s controversial election law, which included a requirement that voters provide a government-issued photo ID.…
Rank this Week: 19

The Volokh Conspiracy

The Volokh Conspiracy

By Eugene Volokh, Dale Carpenter, David Kopel, David Bernstein, David Post, Erik Jaffe, Ilya Somin, Jim Lindgren, Jonathan Adler, Kevan Choset, Orin Kerr, Randy Barnett, Russell Korobkin, Sasha Volokh, Stuart Benjamin, Todd Zywicki & Tyler Cowen.

http://www.volokh.com/
Rank this Week: 5

Underdog Blog

Underdog Blog

Covers constitutional law, criminal law, DUI, drugs, First Amendment and immigration. By Jon Katz, P.C.

http://katzjustice.com/blog/
  • Aug 26

    The importance of protecting confidences of clients and potential clients, and Laurence Tribe’s poor example

    The importance of protecting confidences of clients and potential clients, and Laurence Tribe’s poor example
    Harvard law professor Laurence Tribe -- who, like I, fully opposes Donald Trump's presidential candidacy -- seriously disappointed me when he tweeted the following on August 16, 2016: "I have notes of when Trump phoned me for legal advice in…
  • Aug 25

    Battling by rattling the opponent’s agenda while keeping both eyes on the prize

    Battling by rattling the opponent’s agenda while keeping both eyes on the prize
    If the prosecutor comes to court with a smirking attitude, the defense lawyer does not need to do anything to wipe the smirk off the prosecutor's face other than doing the criminal defense lawyer's job, keeping his eyes on the prize.
  • Aug 24

    “I knew you would pull it off,” said my client

    “I knew you would pull it off,” said my client
    "I knew you would pull it off," said my client, after I felt like I had pulled a rabbit out of a hat getting his misdemeanor case dismissed. On our third trial date, the prosecutor finally agreed to dismiss my client's marijuana possession…
Rank this Week: 295

Religion Clause

Religion Clause

By University of Toledo College of Law Professor Howard M. Friedman.

http://religionclause.blogspot.com/
  • Aug 26

    Denial of Zoning Variance To Yeshiva Violates RLUIPA

    Denial of Zoning Variance To Yeshiva Violates RLUIPA
    In Yeshiva Gedolah Na'os Yaakov v. Township of Ocean NJ, (D NJ, Aug. 25, 2016), a New Jersey federal district court held that that Ocean, New Jersey's Zoning Board of Adjustment violated RLUIPA when it denied a use variance to allow…
  • Aug 26

    Top French Court Invalidates Burkini Ban

    Top French Court Invalidates Burkini Ban
    France's top administrative court-- the Council of State-- today overturned the ban on burkini swim suits imposed by the town of Villeneuve-Loubet.  According to France 24, the court ruled that restrictions on individual liberties…
  • Aug 26

    Canadian Mounties Approve Hijab As Optional Uniform Choice

    Canadian Mounties Approve Hijab As Optional Uniform Choice
    Global News reported this week that the Royal Canadian Mounted Police has approved the hijab as a uniform option to encourage Muslim women to consider the RCMP as a career option.  Three types of hijabs were tested before…
Rank this Week: 158

Balkinization

Balkinization

By Yale Law School Professor Jack M. Balkin.

http://balkin.blogspot.com/
  • Aug 26

    University Speech and "Safe Space

    University Speech and "Safe Space
    Dr. Naomi Graber on the University of Chicago and "safe spaces." Seems right to me.Dear Dr. Ellison, In your welcome letter to freshman, you maintain that "you do not condone the creation of intellectual 'safe spaces' where individuals…
  • Aug 25

    Brexit, Farage, Mississippi, and secession

    Brexit, Farage, Mississippi, and secession
    As the New Yorker reports, the narcissistic sociopath running for President on the Republican ticket brought Nigel Farage, the former leader of the United Kingdom Independence Party and a major proponent of Brexit, to Mississippi to rally the…
  • Aug 23

    The Greatest Constitutional Protestant of the Twenty-First Century

    The Greatest Constitutional Protestant of the Twenty-First Century
    So far, anyway.For the last ten years or so, I’ve had a framed New Yorkercartoon on the outside of my office door.  It’s a courtroom scene, with a man sitting on the witness stand, being cross-examined by a lawyer.  The…
Rank this Week: 273

American Civil Liberties Union…

American Civil Liberties Union Blog of Rights

Covers civil rights and constitutional law. From the ACLU.

https://www.aclu.org/blog
  • Aug 26

    When Police Body Cameras Aren’t The Answer

    When Police Body Cameras Aren’t The Answer
    The death of a Los Angeles teen at the hands of police calls into question police policies nationwide. This article originally appeared in USA Today.  Earlier this month, a too familiar tragedy unfolded in East Los…
  • Aug 26

    Behind the Scenes of the Transgender Rights Fight in Texa

    Behind the Scenes of the Transgender Rights Fight in Texa
    With an attorney general determined to make transgender youth second-class citizens, we’re rolling up our sleeves. Note: This piece was originally published in The Advocate.  Every year at about this time, my office gets calls…
  • Aug 26

    NYPD Ignored Court-Imposed Rules While Spying on American Muslim

    NYPD Ignored Court-Imposed Rules While Spying on American Muslim
    A new report from the NYPD Inspector General provides more fodder for critics of the department’s discredited practices. The New York Police Department repeatedly violated important court-imposed safeguards when it secretly…
Rank this Week: 101

Discourse.net

Discourse.net

By University of Miami law professor Michael Froomkin. Covers civil liberties, the Internet, Guantanamo, Iraq attrocities, politics and more.

http://www.discourse.net/
  • Aug 26

    Quick Links to Election Post

    Quick Links to Election Post
    County Court Circuit Court Democratic primary for US House, State Rep School Board District 7 Amendment 4 Miami-Dade Mayor Democratic primary for US Senate (to come)
  • Aug 26

    Mayor’s Race: The Devil You Know or the Devil You Know?

    Mayor’s Race: The Devil You Know or the Devil You Know?
    The Mayor’s race presents a stark choice between an incumbent who does not deserve re-election and a challenger who hasn’t made the case that she would be a good steward (if anything, rather more the opposite). I really…
  • Aug 25

    Here We Go Again

    Here We Go Again
    It’s supposed to be a busy hurricane season this year. This particular storm is not organized (yet?), and the National Weather Service is being cagey as to whether and when it might become a serious(ish) storm: Interests in the…
Rank this Week: 15

Wall of Separation

Wall of Separation

From the Americans United for Separation of Church and State.

https://www.au.org/blogs/wall-of-separation
  • Aug 26

    Why People Of Faith Should Support Non-Theistic Invocation

    Why People Of Faith Should Support Non-Theistic Invocation
    Bill MeffordWall of SeparationThe biblical book of Acts tells a story about the Apostle Paul, known as the greatest church planter in the history of Christianity, walking through the streets of Athens and encountering people from diverse…
  • Aug 25

    Why We're In Court: Plaintiffs Seek Equal Treatment For Non-Theists In Pennsylvania

    Why We're In Court: Plaintiffs Seek Equal Treatment For Non-Theists In Pennsylvania
    Wall of SeparationEditor’s Note: Today Americans United and American Atheists filed a lawsuit challenging the Pennsylvania House of Representatives’ invocation policy, which excludes non-theistic voices. Three of the plaintiffs in…
  • Aug 24

    Ga. County Takes Extreme Measure To Stop Mosque From Opening

    Ga. County Takes Extreme Measure To Stop Mosque From Opening
    Simon BrownWall of SeparationSome residents of a Georgia county are so upset about the possibility of a new mosque in their area that local officials have placed a temporary moratorium on all new houses of worship. In 2015, Al Maad Al Islami,…
Rank this Week: 545

Saber Leyes No Es Saber Derecho

Saber Leyes No Es Saber Derecho

Covers constitutional law and jurisprudence (in Spanish). Features legal news, cases and commentaries from Argentina, U.S. and the Americas.

http://www.saberderecho.com/
  • Aug 26

    Reporte de la decisión del Consejo de Estado francés en el caso de la prohibición de burkini.

    Reporte de la decisión del Consejo de Estado francés en el caso de la prohibición de burkini.
    Para poner en contexto, si alguien no sabe de que estamos hablando, leemos;Varias ciudades de la Costa Azul tienen prohibido el burkini, el atuendo para mujeres musulmanas que cubre todo el cuerpo excepto la cara, las manos y los pies pero…
  • Aug 21

    ¿Qué es una audiencia pública?

    ¿Qué es una audiencia pública?
    Ya hemos hecho nuestro análisis del fallo CEPIS y prometimos como bonus track un apartado dedicado a explicar cómo debe hacerse lo que allí no se hizo. Es decir, la audiencia pública previa, que ya sabemos que es…
  • Aug 18

    La Corte y las tarifas, diez cosas que tenemos que saber

    La Corte y las tarifas, diez cosas que tenemos que saber
    Una encuesta que hicimos (simplemente de ambiente, no asumo representatividad) nos había dado este descalce entre el debería y el pronóstico.Aquí en su momento especulábamos que iba a haber "un surco de…
Rank this Week: 474

ACSBlog

ACSBlog

Covers progressive law and policy issues, with a focus on constitutional issues. From the American Constitution Society for Law and Policy.

http://www.acslaw.org/acsblog
  • Aug 26

    A Big Win in the Fight Against Partisan Gerrymandering

    A Big Win in the Fight Against Partisan Gerrymandering
    Thomas Wolf, Counsel, Democracy Program, Brennan Center for Justice at NYU School of Law*This post originally appeared on the Brennan Center for Justice website. Partisan gerrymandering has long befuddled the courts. Although judges have…
  • Aug 24

    LegalEyes For August 24, 2016

    LegalEyes For August 24, 2016
    By Kevin Battersby WitenoffJulie Ebenstein at the ACLU Blog reports a federal court held the system currently in place for electing school board members in Ferguson, Mo. violates the Voting Rights Act and systematically disadvantages…
  • Aug 17

    LegalEyes For August 17, 2016

    LegalEyes For August 17, 2016
    By Kevin Battersby WitenoffIn The Hill, Melissa Boteach and Rebecca Vallas advocate to reform TANF and expound upon the necessity to improve other social welfare programs.The ACLU has filed a lawsuit against the Florida Department of…
Rank this Week: 117

Constitution Daily

Constitution Daily

From the National Constitution Center.

http://blog.constitutioncenter.org/
  • Aug 26

    U.S. opposes delay of North Carolina voting rights ruling

    U.S. opposes delay of North Carolina voting rights ruling
    Arguing that North Carolina officials are well on their way toward fully carrying out a federal appeals court ruling that nullified five state restrictions on voting rights, the Obama administration and advocacy groups urged the Supreme Court…
  • Aug 26

    Why is August 26 known as Woman’s Equality Day?

    Why is August 26 known as Woman’s Equality Day?
    The 19th Amendment gave women the right to vote nationally on August 18, 1920, so why is Woman’s Equality Day on August 26th each year?
  • Aug 26

    For National Dog Day: A look at presidential canine

    For National Dog Day: A look at presidential canine
    The 12th annual National Dog Day is getting a lot of attention on social media, and in the spirit of the pseudo-holiday, Constitution Daily looks back as a few canines who had an impact on the American political scene.
Rank this Week: 1987

Verdict

Verdict

Provides legal analysis and commentary on topical legal news and cases.

http://verdict.justia.com/
Rank this Week: 3477

Michael Smith's Law Blog

Michael Smith's Law Blog

A legal blog written by a recent graduate of UCLA School of Law. Posts cover a wide range of topics, but areas of focus include criminal law, constitutional law, law and technology, and commentary on scholarship and legal education.

http://www.smithblawg.blogspot.com
  • Aug 25

    Illinois "Pidgey's Law" an Overly Hasty, Muddled Attempt at Regulating Augmented Reality

    Illinois "Pidgey's Law" an Overly Hasty, Muddled Attempt at Regulating Augmented Reality
    Several news outlets have reports on this bill (AB 6601) recently introduced by Illinois State Representative Kelly Cassidy. Nicknamed "Pidgey's Law," the bill was introduced in response to reports that players of the augmented reality game,…
  • Aug 24

    Value Judgments in the Bluebook

    Value Judgments in the Bluebook
    In the harrowing world of the legal publication process, law review editors use the arcane and intricate rules of the Bluebook to dissect, complicate, elaborate, and brighten up citations in an incomprehensible swirl of…
  • Aug 23

    Can a Map Maker be Sued for Nuisance?

    Can a Map Maker be Sued for Nuisance?
    In a recent post I discussed whether one could sue a map maker for nuisance. For example, say a map maker were to write on a widely-distributed map that a particular house on a street corner was ugly and that people should heckle it.…
Rank this Week: 2323

Constitutionalism & Democracy

Constitutionalism & Democracy

A law blog by Albany Law School Professor Stephen Gottlieb and Associate Dean for Research and Scholarship James Gathii

http://constitutionalismanddemocracy.wordpress.com/
  • Aug 25

    The US-Mexican border

    The US-Mexican border
    I have just read the clearest, most trenchant and evocative explanation of what is happening on the border between Mexico and the U.S.  And “one of the greatest “secrets” of the 2016 election campaign (though it…
  • Aug 23

    Trump’s Audience

    Trump’s Audience
    Behind Trump’s remarks and his imperviousness to criticism is the audience he’s after. Trump charges that this election is rigged because his audience doesn’t like who can vote. One can respond that elections have been…
  • Aug 16

    Silencing: Pensions, Kurds and Black Lives Matter

    Silencing: Pensions, Kurds and Black Lives Matter
    We watched a Black Lives Matter march pass in front of our house recently. It reminded me of something that happened in 1972, when NBC aired a documentary called “Pensions: The Broken Promise.” It described many instances in which…
Rank this Week: 4436

Constitutional Law Prof Blog

Constitutional Law Prof Blog

By Steven D. Schwinn and Ruthann Robson.

http://lawprofessors.typepad.com/conlaw/
Rank this Week: 124

Fair and Unbalanced

Fair and Unbalanced

Left-leaning, social justice-minded slant on law and justice issues, the death penalty, politics, and current events.

http://fairandunbalancedblog.blogspot.com/
  • Aug 25

    Attention Media: Trump Is A Bigot. He Is Not Trying To Appeal To People Of Color

    Attention Media: Trump Is A Bigot. He Is Not Trying To Appeal To People Of Color
    I woke up to an NPR teaser informing me that Donald Trump is reaching out to African Americans.  All over the media the last few days have appeared reports of a Trump Pivot -- a move towards a kinder, gentler Trump who is…
  • Aug 25

    Swiftboating Hillary . . . Again

    Swiftboating Hillary . . . Again
    Republicans with the complicity of the so-called liberal media, are expert at undermining Democratic candidates on the basis of bogus allegations that are repeated so often they become part of the political fabric.  Al Gore said he…
  • Aug 19

    Trump Exposed

    Trump Exposed
    "NYC Parks stands firmly against any unpermitted erection in city parks, no matter how small." -- Parks Department spokesperson Sam BiedermanThe statues of a grotesque, flabby, emasculated Trump that appeared in public spaces on Thursday in…
Rank this Week: 317

Constitutional & Legal Education…

Constitutional & Legal Education News

Covers constitutional and legal issues in a non-lawyerly way. By David J. Shestokas.

http://www.shestokas.com/
  • Aug 24

    How A Bill Becomes a Law: Article I, Section 7 of the Constitution

    How A Bill Becomes a Law: Article I, Section 7 of the Constitution
    The Constitution’s Article I, Section 7 defines the process by which the federal government passes laws. Section 7 opens with the Origination Clause which requires “Bills for raising Revenue” to originate in the House…
  • Aug 16

    Constitutional Sound Bites: Information for Educator

    Constitutional Sound Bites: Information for Educator
    Many states are either updating or passing new laws regarding civics education for their K-12 students.  For example, Illinois’ new civics graduation requirement goes into effect for incoming 2016-17 high school freshman and South…
  • Aug 2

    Donald Trump, Khizr Khan, the Constitution and Declaration of Independence

    Donald Trump, Khizr Khan, the Constitution and Declaration of Independence
    It is one thing to carry the Constitution in your pocket, or have a Constitution app on your smart phone.  It is another thing to read it. It is yet another to study and understand the source of the Constitution’s philosophy,…
Rank this Week: 2010

Eminent Domain Blog

Eminent Domain Blog

Covers condemnation and real estate law. By David B. Snyder of Fox Rothschild, LLP.

http://eminentdomain.foxrothschild.com/
  • Aug 24

    NJ. ST. SEN CALLS FOR ACTION ON EMINENT DOMAIN BILLS

    NJ. ST. SEN CALLS FOR ACTION ON EMINENT DOMAIN BILLS
    NJ State Senator Diane Allen has called for a hearing on two NJ eminent domain bills.  In every legislative session since 2004, Senator Allen has introduced two bills aimed at eminent domain reform. One, S-2505, places a temporary…
  • Aug 21

    Calif. Supreme Court Rules on Access-Road Case

    Calif. Supreme Court Rules on Access-Road Case
    California’s Supreme Court recently issued an opinion that could have far reaching implications in that state.  In City of Perris v. Richard C. Stamper, the Court ruled that a judge should decide whether the city would have…
  • Jul 27

    Ill Court: Temporary Flooding Can Cause Taking

    Ill Court: Temporary Flooding Can Cause Taking
    A unanimous Illinois Supreme Court ruled that temporary flooding can cause a taking under the Illinois Constitution.  In Hampton et al. v. the Metropolitan Water Reclamation District of Greater Chicago, homeowners alleged that…
Rank this Week: 1367

The Law Blogger

The Law Blogger

Covers Michigan legal news. From the Oakland Press.

http://oplawblog.blogspot.com/
  • Aug 23

    When the Prosecutor Becomes the Judge

    When the Prosecutor Becomes the Judge
    Former Judge Elizabeth CokerIn the legal system, there is a natural progression for assistant prosecuting attorneys to get elected to the district or circuit court. Their extensive trial experience puts them in an excellent position to run an…
  • Aug 18

    Pokemon Go Raises Legal Issue

    Pokemon Go Raises Legal Issue
    Yep, that Pokemon Go; its been trending in the news. From proponents: it's good because it gets the tech nerds, the "twitchers" among us, out and about burning calories. From detractors: it's bad because it places hoards of techies where…
  • Aug 3

    Lawyers Mine Jurors' Social Media Profile

    Lawyers Mine Jurors' Social Media Profile
    If you are serving as a juror these days, you need to know that lawyers are snooping around your social media profile before you even step foot into a courtroom. Is this an invasion of privacy, or simply due diligence on the part of the…
Rank this Week: 4087

Texas Appellate Law Blog

Texas Appellate Law Blog

Civil Appellate practice tips, resources, and news. Published by D. Todd Smith, Attorney at Law.

http://www.texasappellatelawblog.com/
  • Aug 23

    Second Bites at the Summary-Judgment Apple (Part I)

    Second Bites at the Summary-Judgment Apple (Part I)
    All litigators file or respond to dispositive motions, including motions for summary judgment. Dispositive motions are an opportunity for trial attorneys to implement their trial strategy, using the facts in their cases to gain a tactical…
  • Aug 12

    A Law Student’s End-of-Summer Clerkship Report

    A Law Student’s End-of-Summer Clerkship Report
    Editor’s Note: The following is a guest post from Brian Wortham, who completed a summer clerkship with our firm this week. Brian is a second-year student at St. Mary’s University School of Law. After surviving my first year of law…
  • Aug 8

    Confessions of a Litigation-Support Lawyer

    Confessions of a Litigation-Support Lawyer
    I have a confession to make: I’m doing a lot of litigation-support work these days. And I like it. In one context, the phrase “litigation support”—like “contract lawyer“—can have…
Rank this Week: 1539

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Aug 22

    Jotwell 2016 Summer Break

    Jotwell 2016 Summer Break
    Jotwell is taking a short summer break. Posting will resume on Tuesday, September 5. However, even while we’re on break, we’ll be accepting submissions, editing them, and preparing a new section that we plan to be launching very…
  • Aug 19

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?
    Donal Nolan, Preventive Damages, 132 Law Q. Rev. 68 (2016), available by subscription at Westlaw.Ellen BublickThe recent Restatement Third of Torts divides U.S. tort law into separate categories of harm. Liability for physical injury is…
  • Aug 18

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method
    Rosalind Dixon & David Landau, Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment, 13 Int’l J. Const. L. 606 (2015).Hoi KongRosalind Dixon and David Landau’s Transnational…
Rank this Week: 4469

CommLawBlog

CommLawBlog

Covers developments in the entire range of issues addressed by the Federal Communications Commission in its regulation of spectrum-related activities, as well as copyright, trademark, First Amendment and Internet issues. By Fletcher, Heald & Hildreth.

http://www.commlawblog.com/
  • Aug 21

    Tabula (Quasi) Rasa: The 2016 EAS Operating Handbook!

    Tabula (Quasi) Rasa: The 2016 EAS Operating Handbook!
    Latest edition of FCC Handbook features blank spaces galore to be filled in by EAS participants themselves. Two days after we posted a reminder about the upcoming deadline for EAS participants to (a) register on the Commission’s new EAS…
  • Aug 17

    Reminder: ETRS Registration, ETRS Form One Due August 26

    Reminder: ETRS Registration, ETRS Form One Due August 26
    Attention all you EAS participants. The deadline for registering with the Commission’s EAS Test Reporting System (ETRS) AND submitting your ETRS Form One is fast approaching. We alerted you to the August 26, 2016 deadline a couple of…
  • Aug 11

    Update: New and Revised EAS Codes To Take Effect September 12

    Update: New and Revised EAS Codes To Take Effect September 12
    Last month we reported on the addition of three new event codes (those would be EWW, SSA and SSW) and two revised location codes to the laundry list of EAS-related codes to be used in the headers of emergency announcements. As we noted back…
Rank this Week: 3238

Real Estate and Construction Law…

Real Estate and Construction Law Blog

Up-to-date information on real estate, construction, environmental, and land use law. By Sheppard Mullin.

http://www.realestatelanduseandenvironmentallaw.com/
Rank this Week: 1463

Nahmod Law

Nahmod Law

Covers 42 USC Section 1983 and constitutional law. By Professor Sheldon Nahmod.

http://nahmodlaw.com
  • Aug 16

    My Amicus in Manuel v. City of Joliet, No. 14-9496: Section 1983 “Malicious Prosecution”

    My Amicus in Manuel v. City of Joliet, No. 14-9496: Section 1983 “Malicious Prosecution”
    As some of you know, I have been arguing for quite some time that the scope of section 1983 should not be governed by tort law. See Nahmod, Section 1983 and the “Background” of Tort Liability, 50 Ind. L.J. 5 (1974). Along the same…
  • Aug 2

    Section 1983 Police Officer Liability for Driving Recklessly

    Section 1983 Police Officer Liability for Driving Recklessly
    Protecting Police Officers from Section 1983 Damages Liability By now, many of us know that section 1983 doctrines are highly protective of police officers sued for violating citizens’ constitutional rights. Fourth Amendment law itself…
  • Jul 6

    What Does It Take to “Shock the Conscience” in the Classroom?

    What Does It Take to “Shock the Conscience” in the Classroom?
    Substantive Due Process and the “Shocks the Conscience” Test Many of us know of the substantive due process test of “shocks the conscience” and the very high hurdle it presents for section 1983 plaintiffs in cases in…
Rank this Week: 4088

Center for Art Law Blog

Center for Art Law Blog

Features art and cultural heritage law resources and reviews.

http://itsartlaw.com
  • Aug 15

    It Takes Two to Tango: The Importance of Artist-Gallery Contract

    It Takes Two to Tango: The Importance of Artist-Gallery Contract
    By Scotti Hill* Of course galleries are venues of intellectual engagement and social activity, but it can be easy to forget that they also act as hubs for commercial exchange. The same mechanisms that govern relationships between blue-chip…
  • Aug 9

    HEAR and the Guelph Treasure Recovery Efforts: Restitution in Review

    HEAR and the Guelph Treasure Recovery Efforts: Restitution in Review
    By Nina Mesfin* On June 7, 2016, the Senate Judiciary Committee heard a bipartisan-backed piece of legislation called the Holocaust Expropriated Art Recovery (HEAR) Act, S. 2763, 114th Cong. (2016). As recently reported by Center for Art Law…
  • Aug 5

    5 Charged with Selling Non-Genuine Native Goods: A Violation of the Indian Arts and Crafts Act

    5 Charged with Selling Non-Genuine Native Goods: A Violation of the Indian Arts and Crafts Act
    *By Lillia McEnaney Center for Art Law previously reported In Brief that, in March 2016, the U.S. Attorney’s Office in the District of Alaska charged a handful of individuals with violating the 1990 Indian Arts and Crafts Act (IACA).…
Rank this Week: 4555

Media and Communications Policy

Media and Communications Policy

Covers First Amendment and communication policy issues. By the Media Institute.

http://www.mediacompolicy.org/
  • Aug 15

    Electronic Privacy Needs ICPA Update

    Electronic Privacy Needs ICPA Update
    Privacy advocates won an important victory in July when a federal appeals court ruled to limit the access of the U.S. government to individuals’ e-mail accounts. The U.S. Court of Appeals for the Second Circuit said the federal…
  • Jul 13

    Obama’s Legacy: The Trashing of Free Speech

    Obama’s Legacy: The Trashing of Free Speech
    No administration in memory has more thoroughly undermined freedom of speech and of the press than that of President Obama.  From the White House itself, as well as the independent and executive branch agencies, have come a steady stream…
  • Jun 14

    The Overblown Backlash Against Peter Thiel for Destroying Gawker

    The Overblown Backlash Against Peter Thiel for Destroying Gawker
    The news that pro wrestler Hulk Hogan’s lawsuit against Gawker has been financed by Silicon Valley billionaire Peter Thiel has sparked many opinions, some of them erroneous, some duplicitous, and some deeply shameful. Before providing…
Rank this Week: 3512

Constitution

Constitution

Commentary on constitutions, the rule of law, and nomology.

http://constitutionalism.blogspot.com/
  • Aug 2

    Three schools of interpretation

    Three schools of interpretation
    The English common law tradition has essentially three schools of interpretation: royalist. tory, and whig.One point on which the schools did differ was whether a delegation of power included incidental powers of carrying such a delegation…
  • Jul 16

    How to get people today to adopt sound reforms?

    How to get people today to adopt sound reforms?
    How to get people today to adopt sound reforms?That is the question many concerned people ask themselves as they try to develop and sell reforms that would actually work.People today are distracted by many entertainments. Many consider…
  • Jun 13

    FonetA new, simplified phonetic alphabet…

    FonetA new, simplified phonetic alphabet for EnglishJon RolandCONSONANTSFonet lowerFonet upperIPA lowerExampleIn…
Rank this Week: 4337

California Appellate Law Blog

California Appellate Law Blog

News and insight about appellate law. By Archer Norris, a professional law corporation.

http://www.caappellatelaw.com/
  • Aug 2

    California’s Anti-SLAPP Statute Untangled

    California’s Anti-SLAPP Statute Untangled
    On August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action…
  • Mar 17

    Prevailing Party Costs Under CCP Section 1032

    Prevailing Party Costs Under CCP Section 1032
    The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs under Code of Civil Procedure section 1032. DeSaulles v. Community…
  • Feb 11

    High Court Reviews Protected Activity Under SLAPP Statute

    High Court Reviews Protected Activity Under SLAPP Statute
    In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is whether the…
Rank this Week: 1535

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

Listen to lectures by and discussions with the faculty of the University of Chicago Law School.

https://soundcloud.com/uchicagolaw
  • Jul 29

    John Tasioulas, "Minimum Core Obligations: Human Rights in the Here and Now"

    John Tasioulas, "Minimum Core Obligations: Human Rights in the Here and Now"
    Professor Tasioulas discusses the notion of the ‘minimum core obligations’ associated with economic, social and cultural human rights, such as the rights to education and health. The idea of minimum core obligations, which is a…
  • May 13

    Martha Nussbaum, "Long Long Lives: Should We Want Them?"

    Martha Nussbaum, "Long Long Lives: Should We Want Them?"
    Today, as our capacity to prolong life increases, people dispute whether indefinite prolongation could possibly be good. A leading bioethicist, Ezekiel Emanuel (brother of Rahm) has written that we should all want to die at 75! I'll…
  • May 12

    Michael Kirby, "North Korea and our Dilemma"

    Michael Kirby, "North Korea and our Dilemma"
    Michael Kirby, "North Korea and our Dilemma: How to Secure Accountability for Crimes Against Humanity by a Recalcitrant Nuclear State?" Michael Kirby was a Justice of the High Court of Australia (1996-2009), the nation's highest appellate…
Rank this Week: 513

Federalist Society Multimedia…

Federalist Society Multimedia Archive

Audio of recent events, speeches and conferences of the Federalist Society for Law and Public Policy Studies.

http://www.fed-soc.org/publications/page/multimedia-from-past-federalist-society-events-2014
  • Jul 26

    2016 Annual Supreme Court Round Up 7-22-2016

    2016 Annual Supreme Court Round Up 7-22-2016
    Washington, DC Lawyers ChapterOn July 22, 2016, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC.Featuring:Mr. Miguel Estrada, Gibson Dunn…
  • Jun 14

    A Look Back, and a Look Forward: A Discussion with Three Former SEC Commissioners 6-1-2016

    A Look Back, and a Look Forward: A Discussion with Three Former SEC Commissioners 6-1-2016
    Corporations, Securities & Antitrust Practice GroupThree former SEC Commissioners reflect on their tenures at the SEC and also provide their perspectives on several of today’s most important financial regulatory issues and…
  • May 20

    Address by Senator Dan Sullivan 5-17-2016

    Address by Senator Dan Sullivan 5-17-2016
    Fourth Annual Executive Branch Review ConferenceUnited States Senator Dan Sullivan of Alaska delivered this address during the Fourth Annual Executive Branch Review Conference on May 17, 2016.Featuring:Hon. Dan Sullivan, United States…
Rank this Week: 541

Life Sentences Blog

Life Sentences Blog

Tracks new legal developments and research relating to long prison sentences. By Marquette University Law School Professor Michael O'Hear.

http://www.lifesentencesblog.com/
  • Jul 16

    Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret

    Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret
    In the Marquette Law School Poll conducted earlier this month, fifty-nine percent of registered Wisconsin voters agreed that marijuana “should be fully legalized and regulated like alcohol.” Only thirty-nine percent disagreed.…
  • Jul 7

    Please Support Clemency Petition of Adam Clausen

    Please Support Clemency Petition of Adam Clausen
    With a wonderful group of Marquette law students, I have been working this year to help about a dozen federal prisoners apply for clemency (sentence reduction) from President Obama. All but one are applying through Clemency Project 2014 as…
  • Mar 16

    New Article on Wisconsin Sentencing

    New Article on Wisconsin Sentencing
    My paper on Wisconsin sentencing for Oxford Handbooks Online is now available.  Apologies for the paywall.  Here is the abstract: This essay provides an overview of sentencing policies and practices in the state of Wisconsin and…
Rank this Week: 4562

Gamso - For the Defense

Gamso - For the Defense

Provides commentary on criminal law, civil liberties and jurisprudence. By Jeffrey Gamso.

http://gamso-forthedefense.blogspot.com/
  • Jul 14

    Strickland Prejudice, Part 2

    Strickland Prejudice, Part 2
    If you read what I wrote yesterday (The Wrong Question? The Wrong Answer? It Depends), and if you didn't, follow that link and go there now, I'll wait, then you've gotten the basic test for when trial counsel fucks up so badly that someone…
  • Jul 13

    The Wrong Question? The Wrong Answer? It Depend

    The Wrong Question? The Wrong Answer? It Depend
    The correct answer to every legal question, I regularly say, is "It depends."  I have a lawsuit, don't I?  It depends.The drugs will be suppressed, won't they?  It depends.That means there's reasonable doubt, doesn't it?…
  • Jul 5

    From the Ashes of War

    From the Ashes of War
    In Central Park the other day, Connor Golden stepped on something that blew up.  He was 18.He was taken to the hospital where his leg was amputated below the knee.Police are still investigating to determine who put the explosive…
Rank this Week: 4364

Susan Crawford Blog

Susan Crawford Blog

By Cardozo Law School professor Susan Crawford.

http://scrawford.net/blog/
  • Jul 8

    Small Towns Join Forces to Bridge the Digital Divide

    Small Towns Join Forces to Bridge the Digital Divide
    Jul. 3, 2016–Roughly 34 million Americans still lack access to high speed Internet, and this includes a stark 39 percent of all rural people in the country. On PBS NewsHour, Susan Crawford discusses how rural regions can gain access to…
  • Oct 30

    The Future of the Internet Hangs in the Balance

    The Future of the Internet Hangs in the Balance
    Oct. 30, 2015–Susan joins NPR’s John Hockenberry on The Takeaway to discuss the release of Freedom House’s annual Internet Freedom Report. “The future contours of the internet are definitely up for…
  • Oct 1

    The Women Who Won Net Neutrality

    The Women Who Won Net Neutrality
    Sept. 22, 2015–Marvin Ammori, for Slate Magazine, highlights the women who fought for and won net neutrality. Susan Crawford is commended for her leadership in the public debate. 
Rank this Week: 2372

Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Covers criminal law, DUI and civil rights. By Peterson Law Offices.

http://www.idahocriminaldefenselaw.com/
Rank this Week: 1562

Beyond The Scope

Beyond The Scope

Covers the practice of interstate drug interdiction and property seizure/forfeiture. By Stowers & Sarcone, PLC.

http://www.interstatedrugbust.com/blog/
  • Jul 6

     When can the Police search your Cell Phone?

     When can the Police search your Cell Phone?
    The short answer is: it depends. If the police have a warrant for your cell phone or an exception to a warrant, then yes. If the search has already occurred, you can challenge the legality of the search and the admissibility of evidence…
  • Jun 30

    When are Juveniles tried in Adult Criminal Courts?

    When are Juveniles tried in Adult Criminal Courts?
    Offenders who are 18 years old or older are prosecuted in adult courts. However, there are specific rules for children who are not 18 years old at the time when they commit a crime who are tried in adult criminal courts and sometimes in…
  • Jun 28

    Penalties for Creating, Using or Possessing a Fake ID in Iowa

    Penalties for Creating, Using or Possessing a Fake ID in Iowa
    The constant increase of minors with possession of fake IDs has become a large scale pandemic around America. An article published in the journal, Alcoholism: Clinical & Experimental showed that in a study of approximately 1,000 U.S.…
Rank this Week: 1046

Jerry Tanenbaum's Blog

Jerry Tanenbaum's Blog

Covers school law, special education, bullying, school discipline and school-related First Amendment rights.

http://jerrytanenbaum.com/sample-page/
  • Jul 1

    Teenager with Disabilities Injured and Arrested by TSA Workers in Airport

    Teenager with Disabilities Injured and Arrested by TSA Workers in Airport
    Another sad reminder in the news, that caregivers of people with disabilities cannot presume that authority personnel will listen to or understand the caregiver’s guidance on how best to deal with a person’s disabilities. This sad…
  • Jun 2

    What Level of Educational Benefit Must Schools Provide to Children with Special Needs?

    What Level of Educational Benefit Must Schools Provide to Children with Special Needs?
    An important case is currently before the U.S. Supreme Court that could cause significant harm to children across the nation who need special education services, or it could raise the bar for children with disabilities in areas that currently…
  • May 23

    Another Student Commits Suicide Due to Bullying

    Another Student Commits Suicide Due to Bullying
    I’ve posted about such incidents before, but another one has hit the national news. The facts as alleged seem sadly typical:  A student is repeatedly bullied over a long period of time by a group of students; the bullying is…
Rank this Week: 2431

Supreme Court Haiku

Supreme Court Haiku

The Law of the Land in Seventeen Syllables.

http://supremecourthaiku.com/blog1/
Rank this Week: 2730

SullivanLawNet

SullivanLawNet

Legal news and analysis, with an emphasis on international and domestic intellectual property developments. By Shawn Sullivan.

http://sullivanlaw.net/
  • Jun 20

    EU Court: 3-D Toothbrush Shape not Registrable as Trademark

    EU Court: 3-D Toothbrush Shape not Registrable as Trademark
    In Loops, LLC v EUIPO, Case T‑385/15 (14 June 2016), the General Court of the European Union held that held that the three dimensional shape of a toothbrush lacked any distinctive character and could not be registered as an EU ……
  • May 31

    Court Refuses Interim Order in Strawberry Licensing Case

    Court Refuses Interim Order in Strawberry Licensing Case
    A U.S. district judge has refused to enter a temporary restraining order (TRO) against the University of California, Davis in litigation contesting the university’s alleged refusal to transfer or license strawberry germplasm developed…
  • May 12

    Prison Term for PVP Infringement by Alleged Wheat Bandit

    Prison Term for PVP Infringement by Alleged Wheat Bandit
    On 14 April 2016, a criminal court in the Spanish city of Segovia sentenced an individual to a six month prison term for infringing the plant variety protection (PVP) rights of Limagrain Europe SA in the soft wheat variety known as…
Rank this Week: 1622

Teen Jury

Teen Jury

Covers how the law and our judicial system affects kids and teenagers.

http://www.teenjury.com/
  • Jun 14

    Louis Brandeis’ record for longest delay between nomination and confirmation to fall

    Louis Brandeis’ record for longest delay between nomination and confirmation to fall
    It has been four months since the death of Justice Antonin Scalia, and the Supreme Court still has only eight sitting justices. On March 16, 2016, President Barack Obama nominated Merrick Garland to fill Justice Scalia’s seat. In the…
  • Jun 12

    Judicial recusal 101 and Presidential politics 2016

    Judicial recusal 101 and Presidential politics 2016
    Judicial disqualification, or recusal, occurs when a judge abstains from participating in a legal proceeding due to a conflict of interest. By recusing themselves, judges improve the procedural fairness of the legal proceeding, producing…
  • Apr 19

    What is legal “standing”?

    What is legal “standing”?
    In order to bring a suit to court, a person, or plaintiff, must demonstrate that they have been harmed, or will be harmed, and therefore, the court must take corrective action.  Standing, or locus standi, limits lawsuits to…
Rank this Week: 2990

Real Property & Development Review

Real Property & Development Review

Covers real estate, construction, and land use laws in the Pacific Northwest. By Davis Wright Tremaine, LLP.

http://www.dwtrealpropertyreview.com/
Rank this Week: 382

Crime & Federalism

Crime & Federalism

Covers civil rights, criminal law, federalism, and Section 1983. By Norman Pattis and Michael Cernovich.

http://www.crimeandfederalism.com/
  • Apr 27

    Who Owns Your Favorite Pundit? How to Follow the Money

    Who Owns Your Favorite Pundit? How to Follow the Money
    Most of your favorite pundits are owned by the same big donors who control elections. These relationships are never disclosed. You can, however, help me expose the corrupt. Go to Guidestar.org It's free to register. Search for the name of the…
  • Feb 10

    Clifford Durand and Violence Against Women Allowed on Twitter

    Clifford Durand and Violence Against Women Allowed on Twitter
    Clifford Durand is a student at St. John's University who recently threatened to "smash" a "bitch" in his class because she had a Donald Trump sticker on her computer. (You can find an archive of the Tweet here.) None of…
  • Jan 25

    Marc Randazza Learns a Hard Lesson on Loyalty and Life

    Marc Randazza Learns a Hard Lesson on Loyalty and Life
    Marc Randazza is a lawyer's lawyer. When someone threatened you with a lawsuit or some up drama came up, Randazza was the man you called. He was more generous with his time than any lawyer I'd ever known. As one of his many lawyer-clients,…
Rank this Week: 268

The Legal Conservative

The Legal Conservative

Discusses law and cases from a conservative perspective. By the Woodring Law Firm.

http://www.woodringlawfirm.com/legal_conservative_blog
  • Feb 15

    Scalia’s greatest strength, his steadfastness, was also his greatest weakness – The Washington Post

    Scalia’s greatest strength, his steadfastness, was also his greatest weakness – The Washington Post
    I do not agree that his steadfastness as described in the article is weakness, but interesting that Turley frames this way. Scalia resisted the legal indeterminacy and intellectual dishonesty that he saw as a corruption of modern…
  • Feb 15

    Scalia: Champion of the Rule of Law, by Jesse Panuccio, National Review

    Scalia: Champion of the Rule of Law, by Jesse Panuccio, National Review
    He was a dedicated and eloquent foe of the notion of a ‘living Constitution.’ Source: Scalia: Champion of the Rule of Law, by Jesse Panuccio, National Review
  • Feb 15

    Justice Scalia’s Legacy

    Justice Scalia’s Legacy
    This weekend we lost an Honorable man, a great Jurist, and a true Champion of the Constitution, with the passing of  Justice Antonin Scalia. To a large extent, Scalia’s insistence that the Constitution must be understood as it was…
Rank this Week: 4050

Colorado Common Law

Colorado Common Law

Covers state public record law, civil rights, and obscenity. By Joe Thomas.

http://cocommonlaw.com
  • Jan 23

    Moving to a New Website

    Moving to a New Website
    Dear Readers, I am moving to a new website: Intermediate Scrutiny.  The change is necessary because I am longer located in Arizona.  Because of life circumstances, I recently moved to Washington State and became a licensed attorney…
  • Apr 11

    Vaughn Index in Colorado Public Record

    Vaughn Index in Colorado Public Record
    A Vaughn index is a tool used in public records disputes where the person requesting documents, will ask the court to compel the records custodian to list all responsive documents and explain why or why not the documents should be released.…
  • Apr 8

    Banning Homelessness in Colorado

    Banning Homelessness in Colorado
    It appears a sad new trend in Colorado is to create policies or laws, treating homelessness as a criminal condition. A new report, “No Right to Rest: Criminalizing Homelessness in Colorado” which details the efforts cities and…
Rank this Week: 971

The University of Chicago Law…

The University of Chicago Law School Faculty Blog

Covers constitutional law, copyright/technology, corporate law, criminal law, free speech, genetic testing, international law, national security and more.

http://uchicagolaw.typepad.com/faculty/
  • Jan 22

    Notice and Comment, Behavioral Economics, and United States v. Texa

    Notice and Comment, Behavioral Economics, and United States v. Texa
    Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. Texas: In many respects, the Supreme Court’s cert grant earlier this week in United States v. Texas was utterly unsurprising. The Fifth Circuit…
  • Jan 6

    Friedrichs, Free-Riding, and Life After the Agency Shop

    Friedrichs, Free-Riding, and Life After the Agency Shop
    Assistant Professor Daniel Hemel and UC Berkeley Jurisprudence & Social Policy Ph.D. candidate David Louk on next Monday’s Supreme Court oral argument in Friedrichs v. California Teachers Association: The Supreme Court will soon decide…
  • Jan 1

    The Tax Returns of the Top 400: A Deeper Dive

    The Tax Returns of the Top 400: A Deeper Dive
    Assistant Professor Daniel Hemel on taxes paid by the highest earners in the United States: The IRS released data this week on the 400 individual income tax returns with the highest adjusted gross incomes (AGIs). According to the IRS data,...
Rank this Week: 2385